JB/100/129/002

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Contracts from Blackstone

B.II. Ch. XXI.

1
A Grant or Gift, is
a voluntary conveyance
of a chattel personal
in possession, without
any consideration
or equivalent.

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B.II. Ch. XXI.

2
A Contract is an
agreement, upon
sufficient consideration,
to do or not to
do a particular
thing: and by such
Contract, any personal
property (either
in possession or action)
may be transferred.+

Contracts
1. Express.
2. implied

Contracts
1. Executed
2. Executory

Consideration
1. Good.
2. Valuable

Contracts personal the most usual
1. Sale or Exchange
2. Bailment
3. Hiring or Borrowing.
4. Debt.‡

Sale or Exchange is
a Transmutation of
Property from one man
to another, in consideration
of some recompense
in value.

Bailment is the delivery
of goods in
trust: upon a Contract
express or implied,
that the trust shall
be faithfully performed
by the Bailer.

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B.II. Ch. XXI.

Hiring or Borrowing
is a Contract, whereby
the possession of
chattels is transferred
for a particular
time, on condition
that the identical
Goods (or sometimes
their value) be restored
at the time
appointed; together
with (in case of hiring)
a stipend or
price for the use.

9
This price, being
calculated to answer
the hazard as well
as inconvenience of
lending gives birth
to the doctrine of
Interest or Usury
upon loans; and
consequently to the
doctrine of insurance.

Debt is any contract,
whereby money
is due to the Creditor.
This is
1. A Deb of Record
2. upon special
contract
3. upon simple
contract; which
last includes Paper
Credit, or Bills of
Exchange, and promissory
Notes.

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Remarks

+ According to this
definition, the agreeing
to do or
not to do an act and
the transferring an
article of property
are or at least may be one and the
same operation:
but this is confo
but to speak of
them as such is
to confound two sorts
of objects which
require perpetually
to be distinguished.
It is confound
the actual payment
of a sum of money with an
agreement to pay
the money: the performance
of a promise
itself, making
of it.

The case is, that
the name appellation of a Contract
is given in
point of usage applied both to
agreements and
to conveyances,
though not to every
case of an agreement,
nor to every
case of a conveyance.

‡ Debt Debitum
in its proper
and original signification
means the
thing a sum of money, for instance, that is owing
from one man to
another, the subject
matter

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Remarks continued.

matter of the obligation
to pay money,
to exercise
an act of collation
or conveyance in
relation to the sum
in question, Contract
means the efficient
cause of such obligation
in the case where
and in that only
where the having
made a legal promise
to that effect
is the efficient
cause.

Debt means the
subject matter whatever
it be of that
species of obligation
whatever be the
efficient cause.
Nothing can tend
more strongly to
confusion than
the considering the
species class signified
by the name of
the subject matter
as a species of
the genus signified
by the name of
one out of several
specific efficient causes.

By debt
does he
mean in the way
of , the
act of contracting debt?
But

Identifier: | JB/100/129/002 "JB/" can not be assigned to a declared number type with value 100.
Date_1	1795-07-30	Marginal Summary Numbering
Box	100	Main Headings	civil code
Folio number	129	Info in main headings field	contracts from blackstones analysis
Image	002	Titles
Category	rudiments sheet (brouillon)	Number of Pages	2
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	32145
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